1st. The Kentucky act omits section 7 of the New York act, which provides that "in any case not provided for in this act the rules of the law merchant shall govern."

2d. The Kentucky act omits subsection 3 of section 24 of the New York act, the part omitted reading as follows: "Waives the benefit of any law intended for the advantage or protection of the obligor."

3d. Under the Kentucky act, when an agent signs the name of a party to a note, the agent must be duly authorized in writing. This difference from the New York act is material. In the New York act, section 38, "The authority of the agent may be established as in other cases of agency."

4th. Insufficient notice of dishonor of a negotiable instrument can only be supplemented and validated by a written communication, while in the New York act an insufficient written notice may be supplemented and validated by verbal communication.

Before the adoption of the negotiable instruments act by the General Assembly of Kentucky an ordinary promissory note, payable to order or bearer, and not negotiable at nor discounted by a national bank or an incorporated state bank, was not upon the footing of a bill of exchange and was subject in the hands of the holder thereof to the equities and defenses existing between the maker and payee.

By the old law in existence in Kentucky until the adoption of the negotiable instruments act, in order to charge a person other than the maker of the note, it was required that the holder of an ordinary promissory note should bring an action against the maker at the first term of court to which such an action could be brought, pursue said action with reasonable diligence, obtain judgment, cause execution to be issued thereon and prosecute the maker to insolvency before he could have recourse against an assignor of such a note.

An act provides for the erection of a state capitol in place of the old, insufficient buildings now used for that purpose and appropriating the sum of $1,000,000 for the erection thereof.

The member of the General Council of this Association from that state suggests:

"The new capitol should be erected upon some one of the hills surrounding the city of Frankfort, from which beautiful views of the surrounding country can be obtained; but the act provides that the building shall be located upon the ground or lot now used, which is altogether insufficient for the purpose."

An act creates a state school book commission and a county school book commission.and provides for use in the public. schools of the commonwealth a uniform series of text books and defines the duties and powers of the commission to fix maximum prices of said text books and to make preparations for carrying the act into effect and providing penalties for the violation of same.

By the terms of this act bidders are required to submit, with their bids, sample copies of the books which they propose to furnish, which the state school book commission sends to each. county school book commission, and the selection is determined by the vote of the county school book commissions, a majority of the whole number of county school book commissions in the state being necessary for the selection of the books to be used.

An act to regulate elections requires the officers of regis tration to issue certificates of registration to each voter registering at the time he is registered, and no person who is required to register is permitted to vote at any election held in the state until he shall have presented to the election officers his certificate of registration.

I am told that a witty member of the Kentucky Bar has suggested that by the terms of this act registration certificates are placed upon the footing of negotiable instruments.

An act regulating the sales of stocks of merchandise in bulk, or a portion thereof, out of the regular course of business makes fraudulent and void, as against the creditors of the seller, a sale by a merchant engaged in business in the state of any portion of his stock or merchandise otherwise than in

the ordinary course of his trade, or a sale of an entire stock of merchandise in bulk unless the purchaser shall, at least five days before the consummation of the sale, in good faith, make inquiry of the seller as to the names and places of residence or business of all the creditors of the seller, and unless the purchaser, at least five days before the consummation of the sale, shall notify or use reasonable diligence to cause to be notified personally each of the seller's creditors. If the purchaser fail to give such notice, he shall hold the merchandise so purchased for the use and benefit of all the creditors of the seller and shall be responsible to them for the fair value of such part thereof as he, the purchaser, may have transferred or conveyed to others. Similar acts were passed in Georgia, and also by Congress applicable to the District of Columbia.

Similar acts have been recently held to be unconstitutional by Judge Wing, of the United States District Court for the Northern District of Ohio, by the Supreme Court of Ohio, and by the Supreme Court of Utah. In Massachusetts and Tennessee similar acts have been held to be constitutional.

The stealing of chickens, turkeys, ducks or other fowls of the value of two dollars or more is made punishable by confinement in the penitentiary for not less than one nor more than five years.

The intent of this act is to deprive some of the population of the state of valuable perquisites which they have enjoyed for many years.

Bribing, or the attempt to bribe, any member of either house of the General Assembly, or any judicial, executive or ministerial officer of the commonwealth of Kentucky, or any county or city executive, ministerial, judicial or legislative officer, after such member or officer shall have been elected and before or after such member or officer shall have been qualified or assumed office, or taken his seat, with intent to influence his vote or decision on any question, matter, cause or proceeding which may be at any time pending in either house of the General Assembly or before such judicial, execu

tive or legislative officer or which may be pending before any committee of either house of the General Assembly, is made a felony, punishable with confinement in the state penitentiary for a period of not less than one nor more than five years. The taking or agreeing to take a bribe by any member of the General Assembly or other executive, judicial, ministerial or legislative officer of the commonwealth of Kentucky or of any county or city to do or omit to do any act in his official capacity works a forfeiture of office, disqualifies from the right of suffrage for ten years and is made punishable by confinement in the penitentiary for not less than one nor more than five years.

Vagrants are defined and vagrancy is made punishable by fine and imprisonment in a workhouse.

It is made unlawful for any county clerk or deputy county clerk to admit to record any deed of conveyance of any interest in real estate equal to or greater than a life estate, unless said deed shall plainly specify and refer to the next immediate source from which the grantor or grantors therein derived title to the said real estate or the interest conveyed therein.

If the source of title be a deed or other recorded writing, then the deed offered for record shall refer to such former deed or writing and give the office, book and page where recorded and the date thereof, if dated.

If the property or interest therein be obtained by inheritance or in any other way than by recorded instrument of writing, then the deed offered for record shall state clearly and accurately how and from whom the title thereto was obtained by the grantor or grantors.

If the title to such property or interest be obtained from two or more sources, then the deed offered for record is required to specify plainly and refer to each of said sources, and to show what part of said property or interest therein was obtained from each of said sources.

A failure to incorporate in a deed a reference to the source of title does not invalidate a deed lodged for record contrary to the provisions of the act, but any grantor who shall lodge for record, and any county court clerk or deputy county court clerk who shall receive from him to be lodged for record any deed contrary to the provisions of the act is made subject to a fine of not less than twenty-five dollars nor more than fifty dollars for each offense.

Telephone companies, or partnerships or individuals engaged in the construction and maintenance of telephones, are permitted to institute condemnation proceedings to obtain a right of way for their telephone lines.

White and colored persons are prohibited from attending the same school or college, and it is made unlawful for any person, corporation or association of persons to maintain or operate any college, school or institution where persons of the white and negro races are both received as pupils.

A white person attending a negro school, or a negro attending a school for white persons, is made subject to a fine of fifty dollars for each day he attends such institution or school.

Any person or corporation who shall operate or maintain a mixed college, school or institution is made subject to a fine of $1000, and any person or corporation convicted of violating the provisions of the act is subject to a fine of $100 for each day he or they may operate such school, college or institution after such conviction.

The same penalties are imposed upon an instructor teaching any school, college or institution where members of the two races are received as pupils for instruction.

Children between seven and fourteen years of age in first, second, third and fourth class towns and cities are required to attend school, unless physically or mentally unfit, or unless they have acquired the common school branches required by

law.

Truant officers are provided for to enforce the provisions of the act. Upon complaint made by a truant officer before a